These Terms of Use (“Terms”) govern your rights and obligations regarding the use of Snonav’s Software (“Software”) and service (both collectively referred to as the “Service”) on the Internet or in cellular media. These Terms constitute a fully binding agreement between Go Bold, LLC dba snonav (“Snonav” or “We”) the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms. By using the Snonav Service, you signify your assent to these Terms; and Snonav’s Privacy (“Privacy Policy”) which is an integral part of these Terms. If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
The Service allows skiiers and snowboarders to navigate mountain trails according to preferences. The Service is provided mainly through the Software.
In order to utilize the Service you must review and accept the Disclaimers of Usage.
Location-based Service. Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Snonav application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy.
Snonav Service. Depending on your subscription level, Snonav hereby grants you a, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.
Third party advertisements may appear on the Service from time to time. Snonav does not endorse these advertisements.
Snonav is a subscription-based service providing access to the system based on purchase of either day passes or season passes. You can subscribe and pay through your iTunes or Google Play accounts and payment is charged to your app store account at confirmation of purchase. Season pass subscriptions will automatically renew each year and your app store account will be charged unless cancelled at least 24 hours prior to the end of your current subscription period.
You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Snonav. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Snonav.
The Software may not be used in any way that is not expressly permitted by these Terms.
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Snonav’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person:
(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;
(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Snonav’s prior written consent;
(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);
(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;
(vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that mayor is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;
(ix) frame or mirror any part of the Service and/or Site without Snonav’s prior express written authorization;
(x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;
(xi) forward any data generated from theService and/or Site without the prior written consent of Snonav;
(xii) transfer or assign your Service accounts’ password, even temporarily, to a third party;
(xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose;
(xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Snonav’s express prior written consent; or
(xv) infringe or violate any of these Terms.
You may terminate your use of the Service a tany time and for whatever reason. You are not obligated to advise Snonav of such termination. However, if you would also like for Snonav to delete your Snonav account and your personal information contained in the account, please use the “Delete Account” function in the in app Privacy Settings or Account & Login Settings. On receiving such a request, Snonav will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. For more information, please read our PrivacyPolicy. Snonav retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Snonav deems appropriate, at its sole and absolute discretion.
All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Snonav or its affiliates or are exclusively licensed to Snonav. The Service is protected, among others, by the applicable copyright provisions prescribed by any other law.
“Snonav”, the Snonav logo, and other trade and/or service marks are the property of Snonav or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Snonav.
The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under applicable copyright laws and Snonav and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.
Snonav may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Snonav’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Snonav to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
If you use the Service on an Apple device, then you agree and acknowledge that:
SNONAV PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE MOUNTAIN. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE MOUNTAIN (SIGNS, SKI PARTROL, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
Snonav exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Snonav’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Snonav or any of its providers.
SNONAV, INCLUDING ITS OFFICERS, DIRECTORS,SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS,EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM,OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, ORWITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USEOR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may popup or be displayed on the Service maps from time to time. Snonav may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Snonav cannot and does not guarantee the reliability or accuracy of third party Ads. Snonav does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Snonav will not be liable for any form of liability arising from your reliance on, orin connection with, the use of the content of Ads posted on the Service.
It is underscored that the advertising of commercial content by Snonav does not constitute a recommendation or encouragement to procure the goods or services advertised. Insofar as the Software includes links to services or applications not operated or managed by Snonav, Snonav will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Snonav will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.
Without derogating from any applicable law, youa gree to indemnify and hold harmless Snonav and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Snonav, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
Snonav respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the Privacy Policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
Snonav may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Snonav for applying such changes or for failures incidental to such changes.
Snonav may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
Snonav may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
These Terms, the Software and the Service will be governed solely by the laws of the State of Delaware, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the State of Delaware.
You may not assign or transfer your rights in and to the Service, without the prior written consent of Snonav. Snonav may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Snonav’s obligations to you under these Terms.
These Terms, together with the Privacy Policy, shall all constitute the entire and complete agreement between you and Snonav concerning the Snonav Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.
These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Snonav Service, its contents, maps and any other data.
You may contact us concerning any question about the Service, through the channels listed on the “About” menu in the Software or through the Support page. We will make our best efforts to address your inquiry promptly.
